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Fresh water is becoming a scarce resource in the United States and across the globe as demand continues to rise due to population and business growth. This emergent scarcity means businesses will face more consequences of the complex regulatory and legal frameworks governing water use and water quality.

Michael Best’s Water team understands those issues. We guide clients through the heavily regulated, politically sensitive environment surrounding the management of, investment in, and development of water resources.

Featured Industries

From artificial intelligence (AI) and machine learning to autonomous vehicles, virtual reality, and cryptocurrency, the rapid evolution of technology shows no sign of slowing down. Companies in the digital technology sector are among the world’s most highly valued companies, with good reason. And businesses in every sector now use digital technology in all kinds of ways, from basic email to sophisticated data analytics.

Featured Practice

All businesses have to comply with government regulations—some more so than others. Our Regulatory practice is designed to serve clients in heavily regulated industries, such as manufacturing and utility services, as well as across various industries in regulated areas that impact business as a whole, such as environmental regulation.

Publication

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced two final rules substantially changing regulations and affirmative action requirements which apply to covered federal contractors and subcontractors. The new rules will become effective 180 days after their publication in the Federal Register which OFCCP expects within the next two weeks. Contractors with an affirmative action plan in place on the rules’ effective date may maintain that plan until the end of the plan year and delay compliance with the rules until the start of their next plan cycle. A brief summary of the new compliance requirements appears below.

Revised Regulations Implementing Section 503 of the Rehabilitation Act of 1973, As Amended

Section 503 prohibits covered federal contractors and subcontractors from discriminating in employment against individuals with disabilities, and requires affirmative action to recruit, hire, promote and retain such individuals. The rule creates the following new requirements:

A 7% workforce utilization goal for individuals with disabilities. Covered contractors or subcontractors with a total workforce of 100 or fewer employees may apply the 7% goal to their entire workforce. Larger employers must apply the 7% goal to each job group.

Applicants must be given the opportunity to self-identify at both the pre-offer and post-offer stages of the application process. Contractors must also now invite incumbent employees to self-identify every five years, and must remind employees that they may voluntarily update their disability status at least once during the years between these invitations. Language for voluntary self-identification will be posted on the OFCCP website soon.

Quantitative measurements and comparisons must be made and retained regarding the number of individuals with a disability who apply and are hired, and the number of job openings. This data must be logged and the documentation retained for three years.

Additional equal opportunity language must be included in subcontracts.

Contractors must allow the OFCCP to review documents related to compliance. Contractors must also inform the OFCCP, upon request, of all formats in which it maintains its records, and must provide these records to the OFCCP in whichever format the OFCCP requests.

The definition of “disability” has been revised, pursuant to the ADA Amendments Act (ADAAA) of 2008.

Revise the affirmative action program to conform to the regulations including assessment of progress toward goals, identification of problem areas and affirmative actions taken.

For 40 years, the VEVRAA has required Federal contractors and subcontractors to affirmatively recruit, hire, train and promote qualified veterans. The new rule requires covered federal contractors and subcontractors to take the following actions:

Establish hiring “benchmarks” for protected veterans. Contractors may choose to establish either a benchmark based on the national percentage of veterans in the civilian labor force (currently 8%), or an alternative goal based upon data derived from published reports issued by a variety of federal agencies, including the Bureau of Labor Statistics and the Veterans’ Employment and Training Service/Employment and Training Administration.

Document and update annually quantitative comparisons for the number of veterans who apply for available jobs, the number of veterans hired, evaluations of outreach and recruitment efforts, and records related to the hiring “benchmarks” requirement. This data must be logged and the documents retained for three years.

Applicants must be invited to self-identify as protected veterans at both the pre-offer and post-offer stages of the application process.

Incorporate additional equal opportunity language into subcontracts.

Provide additional information when listing job openings with state or local job services.

Insert a reference to “veteran status” in the EEO statement when listing vacant positions.

Revise the affirmative action program to conform to the regulations including assessment of progress toward goals, identification of problem areas and affirmative actions taken.

Contractors must allow the OFCCP to review documents related to a compliance check or focused review either on-site or off-site, at OFCCP’s option, must inform the OFCCP, upon request, of all formats in which it maintains its records, and must provide these records to the OFCCP in whichever format the OFCCP requests.

Legal issues may well exist as to the scope and requirements of the new regulations, particularly with regard to OFCCP’s hiring “benchmarks” for veterans. Once the regulations become effective, however, covered federal contractors and subcontractors should anticipate OFCCP compliance reviews and enforcement policies will treat the new rules as having the same force and effect as other affirmative action obligations. Affirmative action plans should be updated accordingly as soon as possible to come into compliance with the revised requirements of the rules, pending future developments and potential challenges.

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Tom advises Fortune 500 and other national corporations on all aspects of labor, employment and discrimination law. Clients value his extensive, multistate experience spanning a range of industries, including manufacturing, service, chemicals, financial, retail, food, pharmaceuticals, and warehouse/distribution. Clients also turn to Tom for guidance on labor and employment matters arising out of major acquisitions, divestitures, and consolidation of operations.

Marion applies her extensive experience to a broad range of complex labor and employment and strategic planning issues, working with our lawyers on behalf of Michael Best clients.Clients turn to Marion for comprehensive executive search services and placement for public and private entities, as well as targeted search services assistance in areas ranging from background and reference checking to preparation and negotiation of initial employment agreements.

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